Tremont Public Advisors, LLC v. Connecticut Resources Recovery Authority

Summary

The court held that a private antitrust plaintiff must adequately allege both an antitrust injury and that it is an efficient enforcer, and that failure to plead either requirement implicates subject matter jurisdiction. Although the plaintiff alleged that a quasi-public agency rigged a public contract award, increased costs, reduced service quality, and discouraged competition, those allegations did not show conduct that restrained purchasers' freedom of choice or otherwise harmed competition. The court therefore vacated the judgment based on the motion to strike and remanded with instructions to dismiss the complaint.